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News And Legislation

Is Delta-8 THC Legal In Nebraska? Delta 8 Legality by State 2023

Now that it’s in shops in Nebraska, delta-8 has been part of an uptick in commercial activity amongst hemp products. Selling delta-8 THC and other hemp derivatives has evolved into a major industry in this State. According to the Executive Director of the Hemp Business Association Nebraska, the hemp industry grew from 500-700 million U.S. dollars to 1.8 billion U.S. dollars within 2018-2019. This is due to the passage and execution of the Agricultural Improvement Act 2018. But are the sales of delta-8 THC legal in Nebraska?

Is Delta-8 Legal In Nebraska?

Yes, delta 8 is legal in Nebraska.

In theory, selling, possessing, and consuming delta-8 THC and other hemp byproducts are legal in Nebraska. The selling of hemp extracts is legal under the Hemp Farming Bill(Legislative Bill-657) of Nebraska in 2019. As long as vendors don’t make unproven health claims, the FDA has no problem with the selling of hemp byproducts. The State of Nebraska agrees with the FDA on this.


Republican legislators in Nebraska have been steadfast in their opposition to legalizing marijuana. However, a measure from 2019 made hemp products legal. The Nebraska hemp laws widely authorize the cultivation, processing, and sale of hemp material under the classification of “agricultural product.”


Hemp is defined in the same way in Nebraska as in the rest of the country. According to the Hemp Farming Act of Nebraska (657 Legislative Bill), hemp refers to all forms of Cannabis Sativa, whether they are live plants or their byproducts, as long as the Delta-9-THC concentration is below 0.3%. 


Part of the Uniform Controlled Substances Act considers tetrahydrocannabinol derived from cannabis in the part of the law titled “Marijuana.” On the other hand, it begins this section by stating that the term “hemp” is not in the state’s legal definition of marijuana. It makes it clear that in the state of Nebraska, Delta-8-THC is not considered to be a controlled substance. 

Shop premium delta 8 gummies here!

Purchasing Delta-8 In Nebraska


Hemp and products obtained from hemp having Delta-9 below 0.3% are legal to produce and sell in Nebraska. Delta-8 items may be available at a few Nebraska retailers despite the state’s existing regulatory restrictions. If you’re looking for a Delta-8 supplier, you should continue with care. Although a variety of hemp goods could be available in nearby places, purchasing Delta-8 over the internet may have certain advantages. To begin with, you may avoid dealing with a mediator who might not be familiar with Delta-8’s side effects and usage and the regulations that apply to such items by ordering stuff directly from the manufacturer or brand.


At Grassroots Harvest, all of our Delta-8 byproducts are in full accordance with 2018’s Hemp Farming Act stipulations. We provide shipments all over the United States to make it convenient for the consumers getting the authentic best Delta-8 T.H.C. products. 

However, possession limitations for Delta-8-THC or other hemp-derived goods are undefined under Nebraska law. Yet, law enforcement officials, in the absence of appropriate documentation and laboratory testing, can readily mistake Delta-8 with Delta-9 T.H.C. When confirmation of lawful possession is required, only the presence of tetrahydrocannabinol is checked. You’d need to separate the Delta-8 content from the Delta-9 content to prove legal possession.

Final Thoughts

The retail sector in Nebraska seems to be secure for the time being, but that might change at any moment. Until there’s more clarity about the industry’s long-term viability, shops should proceed cautiously and avoid major expenditures on Delta-8 Tetrahydrocannabinol byproducts.

Learn more about Delta-8 THC here!

Leave a comment below with any questions.

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Jasmin Weber

Jasmin Weber is a seasoned professional in the kratom and CBD industry, contributing her expertise to Grassroots Harvest and GRH Kratom for over three years. A prolific writer, Jasmin crafts engaging content for both the cannabis and kratom websites of these companies and is a recognized voice in related online communities. With a deep-seated passion for the ever-evolving cannabis field, Jasmin dedicates herself to staying at the forefront of industry developments. Jasmin holds a Bachelor of Arts in Human Communication from Trinity University, San Antonio, where she also minored in Creative Writing and Religion, graduating in 2016. Her academic background enriches her ability to communicate complex information clearly and creatively. For collaboration opportunities, Jasmin can be reached at She is keen to explore innovative ideas that advance understanding and engagement in the cannabis and kratom sectors.Bachelor of Arts in Human Communication with Minors in Creative Writing & Religion. Feel free to contact the author at if you have any ideas for collaborations.

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